The Hon. MP Treasurer Government Minister for Infrastructure and Planning

1 William St 1 GPO Box 611 Brisbane Legislative Assembly Queensland 4001 Number:. Telephone 07 3719 7300 Email [email protected] robw Website www.treasury.qld.gov.au

By Leove ABN 90 856 020 239 15 July 2020 Clerk's Signature:, MP Speaker of the Legislative Assembly Queensland Parliament Alice Street BRISBANE QLD 4000

Email; [email protected]

Dear Mr

I wish to draw your attention to a matter of privilege concerning statements made in the House on 14 July 2020 about the reopening of Queensland’s border by the Member for Everton.

I submit that in making these statements, the Member deliberately misled the House and is in contempt of the Parliament, in breach of Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly (Standing Orders).

In particular, during the Motion on the Business Program, the Member for Everton made the following statement;

“We [the ] did mention 64 times that the borders should be opened as per the program that the Premier originally put out. [...] The Premier listened to our advice and opened the borders on 10 July as their business principles actually stated.”

This statement is incorrect, and 1 believe the Member knew the statement to be incorrect when he made it, because the Opposition was instead calling for an earlier opening of borders.

On 8 May 2020, the Premier released an updated Roadmap to easing Queensland’s restrictions, which included the provision that, from 10 July 2020:

“Subject to further planning and review, intrastate and interstate travel will be permitted”.

On 16 June 2020, the Premier referred to this Roadmap in the House:

"We have put in place a very clear road map. The Prime Minister has said July. Our road map says July, and we are gearing up to that. We will assess it at the end of the month. Make no mistake. At the end of the month we will review it, and if New South Wales and Victoria have community transmission under control then the borders will open in mid-July as per the road map. I cannot be clearer” 2

On 17 June 2020, the Leader of the Opposition moved a motion referring to the Roadmap, noting among other provisions that:

"published on 8 May, the Premier’s road map says that interstate travel will be permitted from 10 July”.

To the best of my recollection, the Member for Everton was in the chamber when these statements were made.

The Member for Everton has repeatedly called on the Government to open Queensland’s borders ahead of schedule, including on 1 July 2020. Specifically, a media release published from the LNP dated 26 June 2020 cites the Member for Everton as follows:

“LNP Deputy Leader said the LNP understands that businesses and visitors need certainty and so we support re-opening our border to all Australians from 1 July. ”

The Leader of the Opposition also published an opinion piece on 25 June 2020 in the Courier Mail entitled Coronavirus Qld: Why state must re-open the borders on July 1 - Deb FrecMington

The adoption of this position - to reopen the borders earlier than the roadmap provided - was the subject of extensive reporting, including analysis by ABC analyst Peter McCutcheon published on 23 June 2020.

In his remarks to the House on 14 July 2020, the Member misled the house by falsely claiming that the Opposition merely wanted the original timetable observed when, in fact, the LNP Opposition had adopted a position that the border should open on earlier, including on 1 July.

Accordingly, I recommend that the Member be referred to the ethics committee.

Section 37 of the Act 2001 sets out the meaning of contempt of the Assembly as;

(1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees. (2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with— (a) the free exercise by the Assembly or a committee of its authority or functions; or (b) the free performance by a member of the member’s duties as a member.

Standing Order 266 of the Standing Orders sets out examples of what might constitute a contempt of the Parliament and, whilst not limiting the power of the House to the matters contained therein, includes a reference in sub-paragraph (2) to:

“deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);”

There are three elements to be proven in order to establish that a member has committed the contempt of deliberately misleading the House;

1. The statement must have been misleading; 2, The member making the statement must have known, at the time the statement was made, that it was incorrect; and 3. In making the statement, the member intended to mislead the House. 3

I will address each of these elements in turn.

1. The statement must have been misleading

I submit that statement made by the Member was false and misleading. The Member for Everton said that the Opposition was seeking that the Premier open borders in line with the original roadmap, but the public record shows that the Opposition was seeking an earlier opening of Queensland borders to all Australians.

2, The member making the statement must have known, at the time the statement was made, that it was incorrect

The Member for Everton has publicly supported the re-opening of Queensland borders to ail Australians before 10 July 2020, including on 1 July 2020 as cited in his own media release.

3. in making the statement, the member intended to mislead the House

The Member for Everton made his statements in the context of being embarrassed due to the recklessness of the LNP’s policy. The Member for Everton’s statements were clearly designed to obfuscate what the Opposition’s previous policy was. Furthermore, the Member has made no attempt to correct the record. This context is demonstrative of an intent to deceive members and make it appear as though LNP’s past policies were reasonable.

Conclusion

Mr Speaker, I submit that this information is sufficient to establish that the Member for Everton has made statements to the House that are misleading, statements that he knows to be incorrect, and that, in so doing, he has intended to mislead the House.

I therefore submit that the Member for Everton is, prima facie, in breach of Standing Order 266 of the Standing Orders and is in contempt of the Parliament. Accordingly, I ask that you refer this matter to the Ethics Committee for its consideration of whether the Member for Everton is in breach of the Standing Orders.

Yours sincerely t

,VVVVA''''Vvrv\

CAMERON DICK MP T reasurer Minister for Infrastructure and Planning Member for Woodridge Your Ref: Our Ref: 200728-OUT-Mander

28 July 2020

Mr Tim Mander MP Deputy Leader of the Opposition Member for Everton

Email: [email protected]

Dear Tim

I have received correspondence from the Treasurer, Minister for Infrastructure and Planning dated 15 July 2020, In which it is alleged that you have deliberately misled the House. In connection with this matter, I enclose a copy of the letter.

Deliberately misleading the House is listed as an example of behaviour that the House may treat as a contempt (see Standing Order 266 (2)).

Standing Order 269 (5) provides that in considering whether such a matter should be referred to the Ethics Committee, the Speaker may request further information from the person the subject of the allegation. Accordingly, I am writing to you pursuant to that Standing Order.

Standing Order 269 (4) provides that in considering whether the matter should be referred to the Ethics Committee, the Speaker shall take account of the degree of importance of the matter which has been raised and whether an adequate apology or explanation has been made in respect of the matter.

I wish to stress that I have not yet formed a view as to whether this particular allegation should be referred to the Ethics Committee. However, as a matter of course, I remind all members who are the subject of such allegations of the long established convention that should a Member become aware they have inadvertently mislead the House, they should, at the earliest opportunity, correct the record and apologise for their inadvertence.

Parliament House George St Brisbane Queensland 4000 Australia

Phone + 61 7 3553 6700 Fax + 617 3553 6709 Email [email protected],gov.au Web www.parliament.qld.gov.au Should you wish to provide me with further information to assist me in making a determination as to whether the matter should be referred to the Ethics Committee under Standing Order 269 please provide your response by COB 11 August 2020.

In the meantime, should your office have any queries relating to this matter, they may be directed to my Executive Officer, George Hasanakos, by email to [email protected] or on 07 3553 6700.

Yours sincerely

HON CURTIS PITT MP Speaker of the Legislative Assembly Deputy Leader of the Opposition and Shadow Treasurer

18 August 2020

Hon. Curtis Pitt MP Speaker of the Legislative Assembly Parliament House Alice Street BRISBANE QLD 4000

By email: [email protected]

Dear Mr Speaker,

I refer to your letter of 28 July 2020, relating to a submission you have received from the Member for Woodridge dated 15 July 2020.

I appreciate the opportunity to respond to the matter.

My response is contained in the attached submission and I contend that the statements I made on 14 July 2020, that “We did mention 64 times that the borders should be opened as per the program that the Premier originally put out. [...] The Premier listened to our advice and opened the borders on 10 July as their business principles actually stated” are factually correct.

If you require any further information on this matter, please do not hesitate to contact my office.

Yours sincerely

TIM MANDER MP Deputy Leader of the Opposition Shadow Treasurer Member for Everton

Telephone 07 3838 6767 Email [email protected],au Mineral House, Level 7,41 George: Street, Brisbane Qld 4000 • PO Box 15057, City East Qld 4002 SUBMISSION IN RESPONSE TO CLAIM MADE BY THE MEMBER FOR WOODRIDGE

BACKGROUND

1. This matter relates to a submission by the Member for Woodridge that on 14 July 2020 I made deliberately misleading statement during the Motion on the Business Program when I stated:

"I will take the interjections from the government because we did mention 64 times that the borders should be opened as per the program that the Premier originally put out. [...] The Premier listened to our advice and opened the borders on 10 July as their business principles actually stated”

RELEVANT CONSIDERATIONS

2. Section 37 of the Parliament of Queensland Act 2001 defines the meaning of “Contempt” of the Assembly as:

37 Meaning of contempt of the Assembly

(1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees.

3. Standing Order 266 provides examples of Contempt to include, inter alia'.

(2) Deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);

4. In order for the allegation of a deliberate misleading of the House to be made out, three elements must be proven: a. the statement must, in fact, have been misleading; b. it must be established that the member making the statement knew at the time the statement was made that it was incorrect; and c. in making it, the member must have intended to mislead the House.

5. In determining whether each element is met, the standard of proof to be met is ‘on the balance of probabilities.’

APPLICATION

6. I will deal with each element in turn. THE FIRST ELEMENT-WAS THE MEMBER’S STATEMENT ACTUALLY MISLEADING? THE FACTS

7. The Member for Woodridge is asserting that my contribution to the Motion on the Business Program was in relation to an earlier border reopening date than what was stated in the ’s roadmap to easing restrictions. There is therefore one fact to establish: a. The statement I made during the Motion on the Business Program was specific to the LNP’s extensive calls to allow interstate travel from 10 July as published in the Premier’s updated roadmap.

8. The Member for Woodridge’s submission has Incorrectly presumed that my contribution to the Motion on the Business Program was in reference to an earlier border reopening date which was only referenced in late June, two weeks after the Queensland Government permitted a 30,000 person protest in breach of coronavirus restrictions on 6 June 2020.

9. During an interview with ABC News Breakfast on 18 May 2020 the Premier stated that in relation to the state’s border reopening date that “/ would say that things would look rriore positive towards September”. As the attached ABC article by former State Political Reporter Josh Bavas outlines, the Premier’s new stated timeline of September was in contradiction to the Queensland Government’s roadmap released on 8 May 2020.

10. From 18 May 2020 until the end of June 2020, the LNP extensively campaigned against the Premier’s mixed messaging over the interstate border reopening date seeking that the Queensland Government provide certainty and clarity for businesses and stick to the originally published roadmap date of 10 July 2020.

11. The LNP only called for an earlier date than what was published in the updated roadmap at the end of June 2020, more than 14 days after the Queensland Government permitted a 30,000 person protest in Brisbane in breach of coronavirus restrictions.

12. As I stated during my contribution to the Motion on the Business Program for more than a month the opposition responded to the uncertainty that the Premier brought to Queensland by talking about the borders reopening in September or maybe beyond.

13. The LNP had therefore called upon the Premier to maintain her original date to allow interstate travel from 10 July 2020 for more than four times longer than the earlier date referenced by the Member for Woodridge, which was only stated 14 days after the Queensland Government permitted a 30,000 person protest in breach of coronavirus restrictions on 6 June. THE SECOND ELEMENT - WAS THE MEMBER AWARE AT THE TIME OF MAKING THE STATEMENT THAT IT WAS INCORRECT?

14. At the time I made the statement I believed the statement was correct.

15. In fact, I still believe the statement is correct.

16. Given that the interjections from government members did not clarify which border opening date they were referring to, my response to the interjections was understandably in relation to the 10 July 2020 date as originally published in the Queensland Government’s roadmap.

THE THIRD ELEMENT - DID THE MEMBER INTEND TO MISLEAD THE HOUSE?

17. I did not intend to mislead in the House in making my statement as I believed it to be true when I made the statement and still true today.

CONCLUSION

18. The interjections from government members did not clarify which border opening date was being referred to, therefore in my contribution to the Motion on the Business Program I understandably presumed it was in reference to the date stated in the Queensland Government’s roadmap - 10 July 2020.

19. The Member for Woodridge’s submission has wrongly assumed that my response to interjections from government members was in relation to an earlier border reopening date, rather than the timetable set by the Queensland Government’s roadmap which the LNP had called on the government to observe for more than a month.

20. I apologise for any confusion the Member for Woodridge may have had.

21. I respectfully submit that this matter does not warrant any further attention by the House including the Ethics Committee. 8/17/2020 Queensland border closure could remain in place until September, Premier warns - ABC News

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Queensland border closure could remain in place until September, Premier warns

By state political reporter josh Bavas Posted Mon 18 May 2020 at 10:26am, updated Mon 18 May 2020 at 5:55pm

Annastacia Palas^c^uk says community transmission is still occurring in N,SW and Victoria. (AAP Image: Dan Peled)

Queensland's border with New South Wales could remain closed until at least September, after Premier reiterated her intention to keep southerners at bay despite easing coronavirus restrictions.

It comes as two new coronavirus cases were confirmed in Queensland Key points: overnight, though Health Minister Steven Miles said both were women ■ Annastacia Palaszczuk says borders remain closed "based who had returned from overseas recently and this was the likely source on the best health advice" of their infections. ■ The closure will be reviewed monthly Earlier this month, the Queensland Government's roadmap to easing ■ NSW Premier Gladys Berejiklian wants borders opened "as restrictions indicated the state's borders could reopen by mid-July soon as possible" "subject to further planning and review".

But this morning Ms Palaszczuk told ABC News Breakfast she was concerned about the rates of community transmission in southern states.

"I would say that things would look more positive towards September — having said that. I do not want to rule anything out, I will give you that advice at the end of May, as quickly as possible," she said.

i For the latest nevvs on the COyip^W pandemic read our coronavirus live blog.

Rural border crossings like this will remain closed, (Supplied: Kelly Ostwald)

https://www.abc.net.au/news/2020-05-18/coronavirus-queensland-borders-closed-to-september-palaszczuk/12253442 1/3 8/17/2020 Queensland border closure could remain in place until September, Premier warns - ABC News

"It's not my decision, it's based on the best health advice."

She said the decision would be reviewed on a monthly basis.

"There is still community transmission in Victoria and in New South Wales so as soon as my Chief Health Officer says I can relax those restrictions, News Breakfast we absolutely will," she said. @BreakfastNews

"We want to welcome as many people to the Sunshine State as soon as Queensland Premier @AnnastaciaMP says her possible where it's beautiful one day, perfect the next but of course we state's borders may not open until September, just can't do that at the moment.

"We do know that there's school holidays approaching as well, we know But she is also open to a domestic travel bubble, people want certainty. allowing some states and territories like WA, NT and SA to travel there before others. "At the end of the day, I really hope that we see an Australia where people can travel freely once again through all of our borders because that's the "I could see that happening before NSW and way we work best together." Victoria." Yesterday, New South Wales Premier Gladys Berejiklian told Sky News she hoped Queensland would reopen the border "as soon as possible".

"The sooner the borders come down the better and I'm certainly looking forward to that — I don't want to be able to say to people I'm allowed to go to Auckland before I can go to Brisbane.

"So I'd really like to see those borders come down because just that trade, and commerce and flexible workforce across the states will boost our economy no end. .

"I've been quietly having a jibe at all of my state colleagues who have their borders shut," she said.

"New South Wales didn't, Victoria didn't." 7:46 AM- May 18. 2020

Q? 83 Q 82 people are Tweeting about this 'Our Premier is extremely cautious'

Queensland's Chief Health Officer Jeannette Young said the threat from community transmission was serious, as highlighted by the Rockhampton aged care nurse who contracted the virus from an unidentifiable source. Queensland COVID-19 snapshot: ■ Confirmed cases so far: 1,091 "We Just don't know — we have not found an epi-link [epidemiological link] for her yet, they're the cases that worry me," Dr Young said. ■ Deaths: 6 ■ Tests conducted: 716,420

Latest information from .

Stay up-to-date on the coronavirus outbreak ■ Download the ABC News app and subscribe to our range of news alerts for the latest on how the pandemic is impacting the world

She said restrictions on interstate travel could remain in place beyond July.

"My advice is that we need to look at this carefully and our Premier is extremely cautious.

"What we would need to see is no cases for two incubation periods ... so best-case scenario July but I think it's very, very unlikely.

To keep the COVID-19 outbreak under control we need to keep growth factor below 1.0

Australia's current O |Z growth factor is 1

Aug i6 Average 342 cases per day for the past 7 days

HiGHSST LOWEST 1.28 Mar tsth 0.87 Apr iAth

https://www.abc.net.au/news/2020-05-18/coronavirus-queensland-borders-closed-to-september-palaszczuk/12253442 2/3 8/17/2020 Queensland border closure could remain in place until September, Premier warns - ABC News

FIND OUT MORE

"We have had 42 cases, right from the word go. that we have not been able to find an epi-link for," Dr Young said.

"This is why we cannot assume we have beaten this virus — we haven't.

"It's unlikely that we ever will beat this virus, we have to find ways of managing it."

Read more about coronavirus: ■ Home loan repayment holidays are about tojend, This is how it's supposed to happen ■ What's the most Likely reason for New Zealand's COVID-19 outbreak?

What you need to know about coronavirus: ■ When and how to wear a face mask ■ The symptoms ■ The number of cases in Australia ■ Global cases, deaths and testing rates

https://vvww.abc,net.au/news/2020-05-18/corohavirus-queensland-borders-closed-to-september-palaszczuk/12253442 3/3